Catlett v. Catlett
Supreme Court of Missouri
Appeal from the Sullivan Circuit Court. I. The paper propounded as the will of Henry Catlett, deceased, was not written in his presence nor by him, nor was tlie same signed by him or any person, by his direction, in bis presence, as required by tlie statute. (Wagn.
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Appeal from the Sullivan Circuit Court. I. The paper propounded as the will of Henry Catlett, deceased, was not written in his presence nor by him, nor was tlie same signed by him or any person, by his direction, in bis presence, as required by tlie statute. (Wagn. Stat., 1364, § 3 ; Rigg vs. Wilton, 13 Ills., 18 ; Dunlap vs. Dunlap, 10 Watts, 153 ; Nortbcntt vs. Nortlieutt, 20 Mo., 268.) Our statute in regard to tbe manner of executing wills is mandatory, and a will not executed in conformity with the act is void. (McGee vs. Porter, 14 Mo., 611; see also RuofPs Appeal, 26 Penn. St., 219 ;…
1Opinion of the CourtVories, Judge
Henry Catlett died at the county of Sullivan, on the 30th day of October, 1872, without issue. He left surviving him, among the plaintiffs his brothers and sisters, and his wife, the defendant. He left the following instrument of writing, purporting to be his last will and testament: “I, Henry Catlett, of the county of Sullivan, in the State of Missouri, do make 'and publish this, my last will and testament: “1st. I, give and bequeath, to my beloved wife, Hester Druzilla, to have and to hold in fee, all my lands and tenements and hereditaments, with the appurtenances, whereof I am seized,…
2Cases cited2 opinions
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3Cited by11 opinions
- In Re the Estate of ManchesterCalifornia Supreme Court · 1917
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- Walton v. KendrickSupreme Court of Missouri · 1894
- Stone v. HoldenMichigan Supreme Court · 1922
- Potter v. RitchardsonSupreme Court of Missouri · 1950
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